In 1994 the 137th General Assembly created the crime of Possession of a Firearm During the Commission of a Felony. In the intervening decades, the length of the minimum required sentence of 3 years and 5 years for defendants with 2 prior felonies has not changed. Instead, in 2019 the 150th General Assembly removed the requirement of consecutive sentences and removed the prohibition on suspending portions of the sentence and earned good time. Felony offenses committed with firearms are some of the most dangerous and violent crimes that can be committed by criminals. The trend of leniency is not commensurate with the seriousness of the offense, nor does it adequately protect victims of crime. This Act increases the minimum penalty to 5 years and to 10 years for defendants with 2 prior felonies. This Act also restores the requirements that defendants be sentenced consecutively and prohibits suspension of the sentence. This Act is intended to enhance public safety by appropriately punishing criminal use of firearms.
Rep. Mike Smith
Sponsored bills
The Delaware Code currently has no provisions for dementia care. This bill defines dementia care and sets forth staffing requirements for all facilities that provide dementia care, including setting minimum staffing ratios. The bill requires that staff who provide dementia care must complete dementia-specific-care training and identifies what the training must include. This bill also requires that facilities have dedicated activity staff and that activity services be offered seven days a week at least 9 hours per day while residents are awake and able to participate. This bill prohibits the use of “dementia” or “memory care” in advertising unless a facility is in compliance with the Delaware Code and associated regulations. Finally, this bill provides that the Department may promulgate and adopts rules and regulations to implement the section and the subchapter.
This Act adds coercive conduct which restricts, controls, or interferes with an individual’s finances or financial resources including their bank accounts, credit cards, employment, education, and personal identity to the definition of “abuse” under Protection from Abuse Proceedings section in Title 10. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act does all of the following: (1) Creates a refundable tax credit for certain individuals who are self-employed in the operation of or employed by a child care or family care center to provide care or education to children. The amount of the refundable tax credit varies based on the educational attainment of the child care employee. (2) Indexes the increases in the amount of the refundable tax credit to the Consumer Price Index. (3) Requires the Department of Education to report annually to the General Assembly, Governor, and Delaware Early Childhood Council on the usage of this tax credit. (4) Requires the Joint Legislative Oversight and Sunset Committee to review this Act in fiscal year 2029 to determine if there is a genuine need for the continuation of this Act and if this Act is satisfactorily and effectively meeting the need.
This concurrent resolution designates the month of May 2022 as "Lyme Disease Awareness Month" in the State of Delaware.
This Act allows licensed distributors to apply for a shippers license to provide direct shipments of wine, beer, and spirits to consumers.
This Concurrent Resolution recognizes the month of May 2022 as Mental Health Awareness Month.
This Senate Concurrent Resolution recognizes April 18, 2022 as "National Line Worker Appreciation Day" in the State of Delaware.
The Department of Services for Children, Youth and Their Families (DSCYF) is charged with providing transitional and independent living services for youth ages 14 to 21. The Division of Family Services (DFS) contracts for case management services for youth ages 16 to 21, with services designed to promote self-sufficiency and responsible living for young adults who are aging out of foster care. Participants receive life skills training and personal development, mentoring, tuition assistance, and support with transitional housing. Participants may also qualify to receive needs-based stipends through ASSIST (Achieving Self Sufficiency & Independence through Supported Transition) to help with living expenses. DFS recently changed the name of the Independent Living Program to the “Transitional and Independent Living Program” to better reflect the comprehensive nature of services offered to youth. This bill updates references to the program to include “transitional” and independent living services. During the COVID-19 pandemic, the federal government provided additional funding to support young adults who were eligible for independent living services until age 27. The intent was to provide additional support for youth and mitigate the impact of the pandemic on their housing and employment status. DFS exercised this additional funding authority via a mandatory directive from the DFS Director. While the mandatory directive provision expanding services expired in October 2021, DFS decided it would continue providing independent living services for youth until age 23 because of the success observed on behalf of youth. This mandatory directive provision will expire in September 2022, and this bill will grant DFS the statutory authority to continue providing transitional and independent living services for youth until age 23. Expanding independent and transitional living services from age 21 to age 23 better aligns with case management requirements of housing assistance programs, will support youth with transitioning from post-secondary education programs into the workforce, and will help maintain a longer connection to youth required to complete federal reporting for DFS.
This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.